This occurs when you are able to show that you have been treated less favourably on racial grounds than others in similar circumstances. To prove this, it will help if you can give an example of someone from a different racial group who, in similar circumstances, has been, or would have been, treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.

Indirect racial discrimination may fall into one of two categories depending on the racial grounds of discrimination. The first is on grounds of colour or nationality, under the original definition in the Race Relations Act.

The second is on grounds of race, ethnic or national origin. This was introduced by the Race Relations Act (Amendment) Regulations 2003 to comply with the EC Race Directive.

On grounds of colour or nationality
This occurs when an apparently non-discriminatory requirement or condition which applies equally to everyone:

• can only be met by a considerably smaller proportion of people from a particular racial group; and
• which is to the detriment of a person from that group because he or she cannot meet it; and
• the requirement or condition cannot be justified on non-racial grounds.

For example, a rule that employees or pupils must not wear headgear could exclude Sikh men and boys who wear a turban, or Jewish men or boys who wear a yarmulka, in accordance with practice within their racial group.

On grounds of race, ethnic or national origin
This occurs when a provision, criterion or practice which, on the face of it, has nothing to do with race and is applied equally to everyone:

• puts or would put people of the same race or ethnic or national origins at a particular disadvantage when compared with others; and
• puts a person of that race or ethnic or national origin at that disadvantage; and
• cannot be shown to be a proportionate means of achieving a legitimate aim.

The definition of indirect discrimination on the grounds of race, ethnic or national origin is in general terms broader than on the grounds of colour or nationality and as a result it may be easier to establish racial discrimination than previously on that ground.

This has a special legal meaning under the Race Relations Act. It occurs if you are treated less favourably than others in the same circumstances because you have complained about racial discrimination, or supported someone else who has. A complaint of racial discrimination means that someone has:

• brought proceedings under the Race Relations Act against the discriminator or anyone else; or
• given evidence or information in connection with proceedings brought by another person under the Race Relations Act; or
• done anything under the Race Relations Act or with reference to it; or
• alleged that a person has acted in a way which would breach the Race Relations Act. The complaint does not need to expressly claim discrimination when making the complaint.

The definition of harassment introduced by the Race Relations Act 1976 (Amendment) Regulations 2003 applies when the discrimination is on grounds of race or ethnic or national origins, but not colour or nationality. Harassment on grounds of colour or nationality amounts to less favourable treatment and may be unlawful direct discrimination.

A person harasses another on grounds of race or ethnic or national origins when he or she engages in unwanted conduct that has the purpose or effect of:

• violating that other persons dignity; or
• creating an intimidating or hostile, degrading, humiliating or offensive environment for them.

Harassment is unlawful not only in the context of employment, but also within:

• partnerships
• trade unions
• qualifying bodies
• vocational training; and
• employment agencies

It is also an unlawful form of discrimination in education, planning, within public authorities, in the provision of goods, facilities, services and premises, and in relation to the training and employment of barristers and advocates.